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2011 Supreme(Guj) 492

SUDHANSU JYOTI MUKHOPADHAYA, J.B.PARDIWALA
Gujarat Co Operative Bar Association – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
Mihir Joshi, S.N.Thakkar, Prakash Jani, Divyesh G.Nimavat, Y.H.Motiramani

Judgment

S.J.MUKHOPADHAYA, J.

( 1. ) THE petitioners have challenged the validity of Secs.150[1], 150[2] and 150[3] of the Gujarat Cooperative Societies Act, 1961 [hereafter referred to as the Act] as being ultra vires; validity of the Gujarat Cooperative Societies [Amendment] Rules, 2010 [hereafter referred to as Amendment Rules, 2010], introduced by notification dated 6th October, 2010 is also under challenge.

( 2. ) APART from challenging the validity of the provisions of the Act and the Amendment Rules, 2010, the petitioners have also challenged the appointment of Shri R.M. Thakkar and Shri V.C. Joshi, respondent nos. 3 and 4 respectively, who are retired officers of the Cooperation Department of the Government of Gujarat, as Member of the Gujarat State Cooperative Tribunal, made by notification dated 4th December, 2010. Further prayer has been made to direct respondent-State Government to seek effective consultation of the High Court of Gujarat before appointing members of the Gujarat State Cooperative Tribunal[hereafter referred to as the Tribunal] and members of the Board of Nominees and thereby to make appointment by following the provisions of Part-VI of Chapter-6 of the Con









































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